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ORDINANCE ON NATIONAL ARCHIVES

ORDINANCE ON NATIONAL ARCHIVES

(No. 34/2001/PL-UBTVQH10 of April 4, 2001)

National archives constitute a national heritage, having a special value for the cause of building and defending the socialist Motherland of Vietnam.

In order to safely protect and effectively use the national archives; to enhance the responsibility of State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people�s armed force units as well as every citizen for the protection, management and use of national archives;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the Xth National Assembly at its eighth session on the 2001 law- and ordinance-making program;

This Ordinance provides for national archives.

Chapter I

GENERAL PROVISIONS

Article 1.- National archives are documents and records of political, economic, defense, security, diplomatic, cultural, educational, scientific and technological value, which have been formed in different historical periods of the Vietnamese nation, in the process of activity of State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people�s armed force units (hereinafter collectively referred to as agencies and organizations) and historical and prominent figures, in service of the historical and scientific research as well as practical activities.

National archives must be originals, recorded on paper, films, photos, video tapes, video discs, audio tapes, audio discs or other information carriers; in cases where the originals no longer exist, they may be replaced with valid copies.

Article 2.- In this Ordinance, the following terms are construed as follows:

1. "Vietnam�s national archives collection" means all archives of the Socialist Republic of Vietnam, regardless of the time, origin, social regime, preservation place and techniques of producing these documents.

Vietnam�s national archives collection consists of the archives collection of the Communist Party of Vietnam and the archives collection of the State of Vietnam.

2. "Archives collection of the Communist Party of Vietnam" means all archives formed during the process of activity of agencies and organizations of the Communist Party of Vietnam, its predecessors, and socio-political organizations; documents on the life, cause and activities of President Ho Chi Minh, of the Party�s historical and/or prominent figures, and the Party�s historical and/or prominent figures who are also key leaders of the State or socio-political organizations.

3. "Archives collection of the State of Vietnam" means all archives formed during the process of activity of State agencies, social organizations, socio-professional organizations, economic organizations, people�s armed force units, historical and/or prominent figures, and other valuable materials in the domains specified in Article 1 of this Ordinance.

4. "Records" mean other documents and papers formed during the process of activity of agencies and organizations.

5. "Current archives" mean archival sections of agencies and organizations, which are tasked to collect, preserve and serve the use of, archives received from units of such agencies and organizations.

6. "Historical archives" mean archival offices tasked to collect and maintain for a long time and serve the use of, archives received from current archives and other document sources.

7. "Insurance of archives" means the application of measures of copying and preserving archives at separate specialized archival storages, separately storing the originals of particularly precious and rare archives in order to safely protect those documents.

Article 3.- The national archive is placed under the leadership of the Party and the uniform management of the State.

National archives must be placed under the uniform management according to law provisions.

The State shall invest adequate funding so as to meet the requirements of the management of national archives.

Article 4.- The State encourages the expansion of cooperative relations with foreign organizations and individuals in collecting, managing, protecting, exploiting and using national archives on the basis of respect for each other�s independence, national sovereignty, equality and mutual benefits and compliance with the Vietnamese laws and international agreements which the Socialist Republic of Vietnam has signed or acceded to.

Article 5.-

1. Documents owned by individuals, families and family lines, which are valued as those specified in Article 1 of this Ordinance may be registered with the State for protection; the archival offices shall have to guide and assist them in preservation techniques.

2. The State encourages the donation and consignment of documents owned by individuals, families and family lines to the archival offices; where documents owned by individuals, families and family lines are put on sale, the archival offices must be informed thereof and given priority to buy them.

3. The transfer of documents specified in Clause 1 of this Article abroad shall have to comply with the provisions of law.

Article 6.-

1. The heads of agencies and organizations shall, within the scope of their tasks and powers, have to direct the archival work and the application of science and technology to modernizing the archival work, raising the effectiveness of the collection, management, protection, exploitation and use of national archives.

2. Public employees engaged in the archival work shall have to collect, manage, safely protect and serve the exploitation and use of national archives.

Article 7.- Agencies, organizations and individuals shall be entitled to exploit and use national archives in service of their working, scientific research and other legitimate needs; and at the same time have to observe the provisions of this Ordinance and other relevant law provisions.

Article 8.- The collection, management, protection, exploitation, use and publicization of national archives classified as State secrets and particularly precious and rare archives shall comply with the provisions of law.

Article 9.- It is strictly forbidden to illegally appropriate, destroy, damage national archives or use them for purposes against the interests of the State, legitimate rights and interests of organizations and individuals.

Chapter II

MANAGEMENT AND USE OR ARCHIVES

Section 1. COLLECTION, MANAGEMENT AND PROTECTION OF ARCHIVES

Article 10.- Records of agencies and organizations must be registered and managed at such agencies and organizations.

Article 11.- In the process of formulating and promulgating documents and using records, agencies, organizations and individuals shall have to compile dossiers thereof and safely protect them.

Archive-worth records of agencies and organizations shall have to be handed into current archives of such agencies and organizations according to the time limit specified in Clause 1, Article 14 of this Ordinance.

Article 12.- The competence to collect documents belonging to Vietnam�s national archives collection is defined as follows:

1. The Party�s archival office shall collect documents belonging to the archives collection of the Communist Party of Vietnam.

The competence of agencies and organizations at various levels to collect documents belonging to the archives collection of the Communist Party of Vietnam shall be defined by the Party�s competent body at the proposal of the central archival office.

2. The State�s archival office shall collect documents belonging to the archives collection of the State of Vietnam.

The competence of agencies and organizations at various levels to collect documents belonging to the archives collection of the State of Vietnam shall be defined by the Government at the proposal of the central archival office.

Article 13.-

1. The heads of agencies and organizations shall decide on the selection of records to be handed into current archives, documents in current archives to be handed into historical archives and on the sorting out of documents which are no longer valuable, for destruction at the requests of the councils for determination of the documents� value.

The councils for determination of the documents� value shall be set up by the heads of agencies and organizations.

2. The selection of documents in historical archives for preservation and the sorting out of documents therein which are no longer valuable for destruction shall be proposed by the councils for verification of determination of the documents� value to the competent bodies for decision according to the Government�s regulations.

The councils for verification of determination of the documents� value shall be set up by the head of the central archival office.

Article 14.- The time limit for handing of archives is prescribed as follows.

1. One year after the year the work related to the records finishes, the archive-worth documents shall be handed into current archives.

2. The time limit for handing of documents from agencies� and organizations� current archives to historical archives is prescribed as follows:

a/ Ten years after the year the records are handed into current archives of central agencies and organizations;

b/ Five years after the year the records are handed into current archives of local agencies and organizations.

3. The Government shall prescribe the time limit for handing of archives of the Ministry of Defense, the Ministry of Public Security, the Ministry for Foreign Affairs and several other agencies and organizations; archives pertaining to science and technology, literature and arts; archives in film, photos, video tapes, video discs, audio tapes, audio discs and other information carriers at the proposals of the central archival office.

Article 15.-

1. Where agencies or organizations are dissolved or enterprises go bankrupt, before the termination of operation, the heads of such agencies, organizations or enterprises shall have to manage and hand archives according to the following regulations:

a/ Archives of agencies or organizations, which fall in the category to be put in historical archives, must be handed into historical archives;

b/ Archives of agencies or organizations, which do not fall in the category to be put in historical archives, must be handed into the archival sections of the immediate superior agencies or organizations.

2. In case of division or merger of agencies or organizations, upon the division or merger, the heads of such agencies or organizations shall have to manage and hand archives according to the regulations of the central archival office.

3. In case of division or merger of administrative units, the management and handing of archives shall comply with the Government�s regulations.

Article 16.-

1. The destruction of documents which are no longer valuable shall be effected according to the procedures prescribed by the central archival office and ensure the complete destruction of all information in those documents.

2. The destruction of documents which are no longer valuable must be made in dossier. A dossier thereof consists of:

a/ An exposition on the destruction of documents no longer valuable;

b/ The list of documents no longer valuable;

c/ The minutes of the meeting of the council for determination of the documents� value;

d/ The competent person�s decision on the destruction of documents no longer valuable;

e/ The record on the destruction of documents, and relevant documents.

The dossiers of destruction of documents no longer valuable must be filed at the agencies and organizations owning such destroyed documents for at least 20 years as from the date of destruction.

Article 17.-

1. Archives must be safely preserved in archival storages.

2. Archives of historical value must be preserved in specialized archival storages.

3. Particularly precious and rare archives must be preserved according to the regime of archives insurance.

The criteria for different types of archival storage and the regime of archives insurance shall be prescribed by the central archival office.

Section 2. USE OF ARCHIVES

Article 18.-

1. Archives in historical archives may be widely exploited and used to meet the research requirements of the public at large, excluding those on the list of State secrets, and particularly precious and rare archives.

2. The head of historical archives shall have to publicize and introduce the list of archives to serve the exploitation and use thereof.

Article 19.- For particularly precious and rare archives, archives in danger of damage, only their copies may be exploited and used.

Article 20.-

1. The competence to permit the exploitation and use of national archives by domestic agencies, organizations and individuals is defined as follows:

a/ The heads of agencies and organizations may permit the exploitation and use of archives preserved at the archival sections of agencies and organizations under their management;

b/ The heads of the national archival centers may permit the exploitation and use of archives preserved at their centers, excluding those on the list of State secrets, and particularly precious and rare archives.

2. The permission for the exploitation and use of national archives by foreign organizations and individuals shall comply with the provisions of law.

Article 21.-

1. Domestic agencies, organizations and individuals may take archives abroad in service of official duties, scientific research and other legitimate needs after obtaining permission from the competent bodies and shall have to return them in full and undamaged.

2. It is strictly forbidden to take particularly precious and rare archives out of the Vietnamese territory; in special cases where the permission of the competent bodies is obtained, only the copies thereof may be taken out of the Vietnamese territory.

Article 22.-

1. Agencies or organizations that permit the exploitation and use of archives may also permit the copying thereof.

2. The archival offices may provide authentication for archives.

The procedures for copying of archives and the competence to provide authentication for archives shall be prescribed by the central archival office.

Article 23.- The publicization of documents belonging to Vietnam�s national archives collection is prescribed as follows:

1. The Party�s competent body shall prescribe the publicization of documents belonging to the archives collection of the Communist Party of Vietnam;

2. The Government shall prescribe the publicization of documents belonging to the archives collection of the State of Vietnam.

Article 24.- The fees for exploitation and use of archives shall comply with the provisions of law.

Chapter III

STATE MANAGEMENT OVER ARCHIVE

Article 25.- The contents of State management over archive include:

1. Formulating and directing the implementation of the planning and plans on the development of archive;

2. Drafting, promulgating and organizing the implementation of, legal documents on archive;

3. Performing uniform management over national archives;

4. Collecting State statistics on archive;

5. Performing uniform management over the archival profession;

6. Organizing and directing the scientific research and application of scientific and technological advances to archival activities;

7. Training and fostering public employees engaged in the archival and filing work; managing the work of emulation, commendation and rewarding in archival activities;

8. Inspecting, supervising and settling complaints and denunciations and handling violations of the legislation on archive;

9. Entering into international cooperation on archive.

Article 26.-

1. The Government shall perform the uniform State management over archive.

2. The central archival office shall act as the body which gives advice to the Party and is accountable to the Government for performing the State management over archive.

The organization, tasks and powers of the central archival office shall be defined by the Government.

Article 27.- Agencies and organizations shall, within the scope of their respective tasks and powers, have to manage the archival work.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 28.- Agencies, organizations and individuals that have recorded achievements in collecting, managing and/or protecting archives; discovering, handing and/or donating valuable archives and particularly precious and rare archives to the archival offices shall be commended and/or rewarded according to law provisions.

Article 29.-

1. Those who illegally appropriate and destroy, thus causing damage to, national archives or commit other acts of violating the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they shall have to pay compensation therefor according to law provisions.

2. Those who abuse positions and powers to violate the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they shall have to pay compensation therefor according to law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30.- This Ordinance takes effect from July 1, 2001.

This Ordinance replaces the Ordinance on the protection of national archives, which was passed by the State Council on November 30, 1982.

All previous provisions contrary to this Ordinance are hereby annulled.

Article 31.- The Government shall detail and guide the implementation of this Ordinance.

On behalf of the National Assembly Standing Committee

Chairman
NONG DUC MANH